Boutilier v. Immigration and Naturalization Service

Petitioner, an alien who at the time of his entry into the United States was a homosexual, held excludable under 212 (a) (4) of the Immigration and Nationality Act of 1952, as one "afflicted with [a] psychopathic personality," a term which Congress clearly intended to include homosexuals. Pp. 120-125.

363 F.2d 488, affirmed.

Blanch Freedman argued the cause for petitioner. With her on the briefs was Robert Brown.

Nathan Lewin argued the cause for respondent. On the brief were Solicitor General Marshall, Assistant Attorney General Vinson and Philip R. Monahan.

Briefs of amici curiae, urging reversal, were filed by David Carliner, Nanette Dembitz and Alan H. Levine for the American Civil Liberties Union et al., and by the Homosexual Law Reform Society of America.